Why EB-5 Stands Out as the Quicker Green Card Path for Indians in 2025

Written by

Mynaz Altaf

Fact check by

Shreya Pandey

Updated on

Sep 14,2025

Why EB-5 Stands Out as the Quicker Green Card Path for Indians - TerraTern

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The EB-5 investor visa is becoming a tactical alternative to the usual pathways of permanent residency in the US by Indian professionals and families who desire to obtain the coveted permanent residency. Whereas H-1B and family applications take up to decades to be answered, the EB-5 Green Card option for Indians has a more reasonable time frame and flexibility.

The Growing Challenge with Traditional Green Card Routes

The classical immigration channels have been seen as more challenging to Indians because of the per-country restriction and heavy traffic. These obstacles have led to a crisis where skilled workers must wait scores of years to get permanent residency, and as a result, a number of them seek alternative ways.

H-1B to Green Card: A Decades-Long Journey

Using the H-1B visa program as the main access point to the US labor market, Indian professionals can be sent to the country, but face a lot of obstacles. The Indian nationals are almost 70 percent of H-1B applicants, yet the annual lottery system offers only 30-31 percent of opportunities to be selected, which leaves thousands of eligible professionals in immediate uncertainty. Individuals who are lucky enough to obtain H-1B status are further hampered by additional barriers to obtaining permanent residency in line with employment-based categories: 

  • EB-1 Category: Frozen final action dates of February 15, 2022. 

  • EB-2 Classification: fully suspended until September 30, 2025. 

  • General Period of Time: 15 to 24 years of employment-based Green Cards.

Family-Based Immigration Delays

The issue of family-based immigration poses equally challenging efforts to the Indian applicants through the process of reuniting with their relatives. The Visa Bulletin of September 2025 demonstrates that processing delays are significant in all categories of families:

Category

Current Processing Date

Estimated Wait Time

F-1 (Adult children of US citizens)

September 2017

7-8 years

F-2A (Spouses of Green Card holders)

June 2025

Current

F-4 (Siblings of US citizens)

October 2006 for India

15-20+ years

Also Read: US Issues Over 1 Million Non-Immigrant Visas to Indians

EB-5 Visa: The Investment-Based Solution

The EB-5 Immigrant Investor Program represents a significant shift in the concept of immigration into the US, prioritizing investment in the economy over employment sponsorship. This program was developed by Congress in 1990 to enable foreign investors to acquire permanent residency by investing funds in American businesses that will employ workers in the US.

How the EB-5 Program Works

The EB-5 visa program operates on a straightforward principle: qualified investors contribute significant capital to approved commercial enterprises in exchange for permanent residency. The program offers two primary investment pathways:

  • Direct Investment: Into a new commercial enterprise where investors maintain active management roles

  • Regional Centers: Government-approved entities that manage EB-5 projects and handle job creation requirements

Current Investment Requirements (2025)

Approximately 95% of EB-5 applicants choose Regional Centers due to their simplified approach to project management and job creation compliance.

Investment Type

Minimum Amount

Job Creation Requirement

Targeted Employment Areas

$800,000

10 full-time jobs

Non-targeted Areas

$1.05 million

10 full-time jobs

Rural/High-unemployment Areas

$800,000

10 full-time jobs

2022 Reform Act: Game-Changing Improvements

The EB-5 Reform and Integrity Act of 2022 introduced transformative changes specifically benefiting Indian applicants. These reforms addressed longstanding program weaknesses while creating new opportunities for faster processing and enhanced investor protection. Key Legislative Improvements:

  • Reserved Visa Categories: Dedicated allocations for rural (20%), high-unemployment (10%), and infrastructure projects (2%)

  • Fixed Investment Thresholds: $800,000 minimum locked until 2027, providing investment certainty

  • Concurrent Filing Provisions: US-based applicants can immediately apply for adjustment of status

  • Enhanced Compliance Framework: Strengthened oversight and fraud protection measures

Also Read: Immigration Groups Prepare for Potential Second Trump Administration

Processing Times and Current Status for Indians

The most attractive benefit of the EB-5 program to Indian candidates is the greatly shortened processing times relative to conventional Green Card programs. New changes in legislation have also shortened these timelines, especially in the case of reserved category investments.

2025 Processing Timeline

Stage

Reserved Categories

Unreserved Categories

I-526E Petition

6-12 months

18-36 months

Adjustment of Status

8-12 months

8-12 months

Consular Processing

6-10 months

6-10 months

Total Timeline

2-3 years

3-4 years

 

Current Visa Availability

The September 2025 US Green Card Visa Bulletin demonstrates EB-5's current advantage, with all categories remaining current for Indian applicants. This means no backlog currently exists, though immigration attorney Nadadur S. Kumar notes that even potential future retrogression would still result in "EB-5 getting you a green card much sooner than any other card". Annual Allocation Benefits:

  • Approximately 1,000 EB-5 visas are allocated to Indians annually

  • Reserved portions for rural, targeted employment, and infrastructure projects

  • No per-country cap limitations affecting processing speed

Future Outlook and Market Trends

The EB-5 program's future appears increasingly favorable for Indian applicants, driven by growing recognition of its advantages over traditional immigration routes. Market trends indicate sustained demand and continued policy support for the program's objectives.

Increasing Indian Participation

Recent statistics demonstrate growing Indian engagement with the EB-5 program:

  • 440 EB-5 visas granted to Indian applicants in the first half of FY2024

  • 9% of total global EB-5 visa issuance is attributed to Indian nationals

  • Rising interest correlates directly with H-1B and employment-based backlogs

  • Increased awareness among the Indian diaspora about program benefits

Policy Considerations and Projections

While current visa backlog conditions strongly favor EB-5 applicants from India, future developments may include:

  • Potential increased demand leading to temporary category retrogression

  • Possible policy adjustments affecting minimum investment requirements

  • Evolution of reserved category allocations based on program performance

  • Enhanced compliance measures and investor protection protocols

Also Read: Trump's Re-election Signals Potential Overhaul of H-1B Visa Program

Conclusion

The EB-5 Green Card opportunity for Indians has become the most practical way out of the crippling delays that have characterized the conventional US immigration paths in 2025. Having processing timelines much faster than H-1B or family-based programs, augmented investor protections in the 2022 reform package, and existing visa asset lists that do not have any backlogs, the EB-5 program offers Indian families a strategic gateway to US permanent residency. For official information and forms related to EB-5 applications, applicants should visit the U.S. Citizenship and Immigration Services (USCIS), which provides comprehensive guidance on the EB-5 Immigrant Investor Program requirements and procedures. To know more about green paths for Indians, visit TerraTern now!

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Frequently Asked Questions

Can Indian investors use the concurrent filing option with EB-5 applications?

Yes, Indian investors already in the US can file Form I-485 (adjustment of status) concurrently with their I-526E petition, allowing them to receive work authorization (EAD) within 5 months and travel authorization (advance parole) within 6 months, providing immediate benefits while their Green Card application is processed.

What happens if an EB-5 project fails or doesn't create the required jobs?

Under the 2022 EB-5 Reform and Integrity Act, investors receive enhanced protection - if a project fails due to fraud or mismanagement, USCIS provides status protection and may allow investors to reinvest in another qualifying project without losing their priority date or conditional residence status.

Are there any restrictions on how Indians can source the $800,000 investment amount?

Indian investors can legally source EB-5 funds through various means, including personal savings, family gifts, property sales, business income, or secured loans against assets, provided all sources are properly documented and comply with India's foreign exchange regulations under the Liberalized Remittance Scheme.

How does the recent retrogression affect Indian EB-5 applicants in 2025?

While the unreserved EB-5 category experienced retrogression in April 2025, moving back to November 2019 priority dates, the reserved categories (rural, high-unemployment, and infrastructure projects) remain current for Indian applicants, offering faster processing without backlogs.

Can EB-5 investors change their investment or Regional Center after filing?

Generally, investors cannot change their investment or Regional Center after I-526E approval without significant complications. However, if a Regional Center loses its designation or a project fails due to circumstances beyond the investor's control, USCIS may allow redeployment to another qualifying investment while maintaining immigration benefits.